REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE ACT OF 1978.

SEC. 941. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE ACT OF 1978.(a) Clarification of the Definition of National Indian Organization.—Section 2(a)(6) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking “in the field of Indian education” and inserting “in the fields of tribally controlled colleges and universities and Indian higher education”.122 STAT. 3461(b) Indian Student Count.—Section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) is amended—(1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and(2) by inserting after paragraph (6) the following:“(7) ‘Indian student’ means a student who is—“(A) a member of an Indian tribe; or“(B) a biological child of a member of an Indian tribe, living or deceased;”.(c) Continuing Education.—Section 2(b) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(b)) is amended—(1) in the matter preceding paragraph (1), by striking “paragraph (7) of subsection (a)” and inserting “subsection (a)(8)”;(2) by striking paragraph (5) and inserting the following:“(5) Eligible credits earned in a continuing education program—“(A) shall be determined as one credit for every ten contact hours in the case of an institution on a quarter system, or 15 contact hours in the case of an institution on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training; and“(B) shall be limited to ten percent of the Indian student count of a tribally controlled college or university.”; and(3) by striking paragraph (6).(d) Accreditation Requirement.—Section 103 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1804) is amended—(1) in paragraph (2), by striking “and” at the end;(2) in paragraph (3), by striking the period at the end and inserting “; and”; and(3) by inserting after paragraph (3), the following:“(4)(A) is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority with regard to the quality of training offered; or“(B) according to such an agency or association, is making reasonable progress toward accreditation.”.(e) Technical Assistance Contracts.—Section 105 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1805) is amended—(1) by striking the section designation and heading and all that follows through “The Secretary shall” and inserting the following:“SEC. 105. TECHNICAL ASSISTANCE CONTRACTS.“(a) Technical Assistance.—“(1) In general.—The Secretary shall” ;(2) in the second sentence, by striking “In the awarding of contracts for technical assistance, preference shall be given” and inserting the following:122 STAT. 3462 “(2) Designated organization.—The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded”; and(3) in the third sentence, by striking “No authority” and inserting the following:“(b) Effect of Section.—No authority”.(f) Amount of Grants.—Section 108(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1808(a)) is amended—(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately;(2) by striking “(a) Except as provided in section 111,” and inserting the following:“(a) Requirement.—“(1) In general.—Except as provided in paragraph (2) and section 111,”;(3) in paragraph (1) (as redesignated by paragraphs (1) and (2))—(A) in the matter preceding subparagraph (A) (as redesignated by paragraph (1))—(i) by striking “him” and inserting “the Secretary”; and(ii) by striking “product of” and inserting “product obtained by multiplying”;(B) in subparagraph (A) (as redesignated by paragraph (1)), by striking “section 2(a)(7)” and inserting “section 2(a)(8)”; and(C) in subparagraph (B) (as redesignated by paragraph (1)), by striking “$6,000,” and inserting “$8,000, as adjusted annually for inflation.”; and(4) by striking “except that no grant shall exceed the total cost of the education program provided by such college or university.” and inserting the following:“(2) Exception.—The amount of a grant under paragraph (1) shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled college or university.”.(g) General Provisions Reauthorization.—Section 110(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1810(a)) is amended—(1) in paragraphs (1), (2), (3), and (4), by striking “1999” and inserting “2009”;(2) in paragraphs (1), (2), and (3), by striking “4 succeeding” and inserting “five succeeding”;(3) in paragraph (2), by striking “$40,000,000” and inserting “such sums as may be necessary”;(4) in paragraph (3), by striking “$10,000,000” and inserting “such sums as may be necessary”; and(5) in paragraph (4), by striking “succeeding 4” and inserting “five succeeding”.(h) Endowment Program Reauthorization.—Section 306(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1836(a)) is amended—(1) by striking “1999” and inserting “2009”; and(2) by striking “4 succeeding” and inserting “five succeeding”.122 STAT. 3463(i) Tribal Economic Development Reauthorization.—Section 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 (25 U.S.C. 1852) is amended—(1) by striking “$2,000,000 for fiscal year 1999” and inserting “such sums as may be necessary for fiscal year 2009”; and(2) by striking “4 succeeding” and inserting “five succeeding”.(j) Tribally Controlled Postsecondary Career and Technical Institutions.—(1) In general.—The Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is amended by adding at the end the following:“TITLE V—TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS“SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTION. “In this title, the term ‘tribally controlled postsecondary career and technical institution’ has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). “SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS PROGRAM.“(a) In General.—Subject to the availability of appropriations, for fiscal year 2009 and each fiscal year thereafter, the Secretary shall—“(1) subject to subsection (b), select two tribally controlled postsecondary career and technical institutions to receive assistance under this title; and“(2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs (including institutional support costs) of operating postsecondary career and technical education programs for Indian students at the tribally controlled postsecondary career and technical institutions.“(b) Selection of Certain Institutions.—“(1) Requirement.—For each fiscal year during which the Secretary determines that a tribally controlled postsecondary career and technical institution described in paragraph (2) meets the definition referred to in section 501, the Secretary shall select that tribally controlled postsecondary career and technical institution under subsection (a)(1) to receive funding under this section.“(2) Institutions.—The two tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are—“(A) the United Tribes Technical College; and“(B) the Navajo Technical College.“(c) Method of Payment.—For each applicable fiscal year, the Secretary shall provide funding under this section to each 122 STAT. 3464 tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) in a lump sum payment for the fiscal year.“(d) Distribution.—“(1) In general.—For fiscal year 2009 and each fiscal year thereafter, of amounts made available pursuant to section 504, the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) an amount equal to the greater of—“(A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2006; or“(B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2008.“(2) Excess amounts.—If, for any fiscal year, the amount made available pursuant to section 504 exceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for that fiscal year a portion of the excess amount, to be determined by—“(A) dividing the excess amount by the aggregate Indian student count (as defined in section 117(h) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2327(h)) of such institutions for the prior academic year; and“(B) multiplying the quotient described in subparagraph (A) by the Indian student count of each such institution for the prior academic year. “SEC. 503. APPLICABILITY OF OTHER LAWS.“(a) In General.—Paragraphs (4) and (8) of subsection (a), and subsection (b), of section 2, sections 105, 108, 111, 112 and 113, and titles II, III, and IV shall not apply to this title.“(b) Indian Self-Determination and Education Assistance.—Funds made available pursuant to this title shall be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).“(c) Election to Receive.—A tribally controlled postsecondary career and technical institution selected for a fiscal year under section 502(b) may elect to receive funds pursuant to section 502 in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) if the agreement is in existence on the date of enactment of the Higher Education Opportunity Act.“(d) Other Assistance.—Eligibility for, or receipt of, assistance under this title shall not preclude the eligibility of a tribally controlled postsecondary career and technical institution to receive Federal financial assistance under—“(1) any program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.);“(2) any program under the Carl D. Perkins Career and Technical Education Act of 2006; or122 STAT. 3465“(3) any other applicable program under which a benefit is provided for—“(A) institutions of higher education;“(B) community colleges; or“(C) postsecondary educational institutions. “SEC. 504. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated such sums as are necessary for fiscal year 2009 and each fiscal year thereafter to carry out this title.” .(2) Conforming amendments.—Section 117 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2327) is amended—(A) by striking subsection (a) and inserting the following:“(a) Grant Program.—Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide basic support for the education and training of Indian students, to tribally controlled postsecondary career and technical institutions that are not receiving Federal assistance as of the date on which the grant is provided under—“(1) title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or“(2) the Navajo Community College Act (25 U.S.C. 640a et seq.).”; and(B) by striking subsection (d) and inserting the following:“(d) Applications.—To be eligible to receive a grant under this section, a tribally controlled postsecondary career and technical institution that is not receiving Federal assistance under title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.) or the Navajo Community College Act (25 U.S.C. 640a et seq.) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.”.(k) Short Title.—(1) In general.—The first section of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 note; Public Law 95–471) is amended to read as follows:“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Tribally Controlled Colleges and Universities Assistance Act of 1978’.” .(2) Technical amendments.—(A) Equity in educational land-grant status act of 1994.—Section 533(c)(4)(A) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is amended by striking “Tribally Controlled College or University Assistance Act of 1978” and inserting “Tribally Controlled Colleges and Universities Assistance Act of 1978”.(B) National museum of the american indian act.—Section 10(b)(2) of the National Museum of the American Indian Act (20 U.S.C. 80q-8(b)(2)) is amended by striking “tribally controlled community colleges (as defined in section 2 of the Tribally Controlled Community College Assistance Act of 1978)” and inserting “tribally controlled colleges or universities (as defined in section 2(a) of the Tribally 122 STAT. 3466 Controlled Colleges and Universities Assistance Act of 1978)”.(C) Individuals with disabilities education act.—Section 602(17)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(17)(B)) is amended—(i) by striking “community college” and inserting “college or university”; and(ii) by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(D) Carl d. perkins career and technical education act of 2006.—The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended—(i) in section 3(33) (20 U.S.C. 2302(33)), by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”;(ii) in section 117 (20 U.S.C. 2327), by striking “the Tribally Controlled College or University Assistance Act of 1978” each place the term appears and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”; and(iii) in section 203(a)(1)(B)(i)(I)(bb)(AA) (20 U.S.C. 2373(a)(1)(B)(i)(I)(bb)(AA)), by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(E) Omnibus education reconciliation act of 1981.—Section 528 of the Omnibus Education Reconciliation Act of 1981 (20 U.S.C. 3489) is amended by striking “the Tribally Controlled” and all that follows through “1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(F) Elementary and secondary education act of 1965.—The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—(i) in section 3301(3) (20 U.S.C. 7011(3)), by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”; and(ii) in section 7134(b)(1)(A) (20 U.S.C. 7454(b)(1)(A)), by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(G) Augustus f. hawkins-robert t. stafford elementary and secondary school improvement amendments of 1988.—Section 5404(a)(1) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 13d–2(a)(1)) is amended by striking “the Tribally Controlled” and all that follows through “1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.122 STAT. 3467(H) Indian self-determination and education assistance act.—Section 403(b)(4)(A) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458cc(b)(4)(A)) is amended by striking “the Tribally Controlled” and all that follows through “1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(I) Indian health care improvement act.—The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is amended—(i) in section 113(b)(1) (25 U.S.C. 1616f(b)(1)), by striking “tribally-controlled” and all that follows through “1978)” and inserting “tribally controlled colleges or universities (within the meaning of section 2(a)(4) of the Tribally Controlled Colleges and Universities Act of 1978)”;(ii) in section 115(e) (25 U.S.C. 1616h(e)(2))—(I) in paragraph (1)(A), by striking “a tribally controlled community college” and inserting “a junior or community college that is a tribally controlled college or university”; and(II) by striking paragraph (2) and inserting the following:“(2) The term ‘tribally controlled college or university’ has the meaning given to such term by section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978.”; and(iii) by striking paragraph (3) of section 711(g) (25 U.S.C. 1665j(g)) and inserting the following:“(3) The term ‘tribally controlled community college’ means a community college that is a tribally controlled college or university, as such term is defined in section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978.”.(J) Indian child protection and family violence prevention act.—Section 411(d)(5)(C) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3210(d)(5)(C)) is amended by striking “tribally controlled” and all that follows through the semicolon at the end and inserting “tribally controlled college or university (within the meaning of section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978);”.(K) Assistive technology act of 1998.—Section 3(11) of the Assistive Technology Act of 1998 (29 U.S.C. 3002(11)) is amended by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(L) Atomic energy act of 1954.—Section 244(a)(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2015c(a)(3)) is amended by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(M) Department of energy science education enhancement act.—Section 3167(a)(5) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 122 STAT. 3468 7381c–1(a)(5)) is amended by striking “the Tribally Controlled College Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.(N) ED 1.0 act.—The ED 1.0 Act (47 U.S.C. 902 note) is amended in subsection (a)(2)(C) by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.